LOUISVILLE, KY (WAVE) – A month after police said a drunk driver crashed into her vehicle a 23-year-old University of Louisville nursing student is finally out of a coma, but barely able to open her eyes.

“It’s very hard to watch somebody who’s very outgoing, very adventurous very full of life to be just laying in a bed and not responding,” Chelsea Houge’s stepmother, Michelle Hogue, said.

The man accused of slamming into her car on Feb. 7, is Jose Munoz Aguilar, 32. Chelsea Hogue’s friend, Meghan Lake was also injured in the crash.

On Feb. 18, Aguilar went before a judge. His charges were increased, but that hearing turned out to be the last time Aguilar was seen. He failed to show up to his arraignment Monday, and now there’s a bench warrant for his arrest, according to the Commonwealth Attorney’s Office.

“We feel very let down by the legal system. Very let down,” Michelle Hogue said.

Aguilar bonded out of jail after the DUI arrest and was turned over to Immigration Services. He was released from ICE hold after one day because they said, he had no prior record and did not meet the meet “ICE enforcement priorities.”

He did show up for a hearing regarding the criminal proceedings and was allowed to walk out then too, pending another hearing to increase his bond.